cupure logo
trumpukrainetrumpswarcanadaairputinsecurityhousepeace

Hillary Clinton predicts SCOTUS will eventually overturn same-sex marriage

Former Secretary of State Hillary Clinton predicted that the Supreme Court will "do to gay marriage what they did to abortion" and send it back to states to decide.The big picture: The high court was recently asked to overturn its decade-old decision in the landmark Obergefell v. Hodges case. While the court could surprise legal experts, LGBTQ+ advocates told Axios the justices are unlikely to hear the case.But the Supreme Court's 2022 ruling overturning Roe v. Wade raised alarm bells for advocates about the justices' willingness to overturn long-standing precedent.Jim Obergefell has continuously warned that marriage equality is not untouchable and remains under threat.Driving the news: Clinton, in a recent interview with Jessica Tarlov of Fox News' "The Five" and the "Raging Moderates" podcast, urged LGBTQ+ couples to consider getting married."I don't think they'll undo existing marriages, but I fear that they will undo the national right," she said.State of play: More than two dozen states have trigger laws that would limit marriage equality if the Supreme Court were to overturn its 2015 ruling.In a concurring opinion in the Dobbs v. Jackson Women's Health Organization case, Justice Clarence Thomas said the court should reconsider other due process precedents, like the Obergefell decision.Later that year, Congress passed the Respect for Marriage Act, which codified the right to same-sex and interracial marriages. While it ensured federal recognition of marriage and required all states to recognize marriages conducted in places where they were legal, it does not prohibit states from taking steps to ban or restrict same-sex marriage if Obergefell were overturned.Yes, but: Legal experts say unwinding protections for same-sex marriages would create administrative chaos and needless suffering, Axios' Josephine Walker reported.Kim Davis, a former Kentucky county clerk who was ordered to pay $360,000 in damages and fees after refusing to issue marriage licenses to a gay couple, argued in a petition for writ of certiorari filed last month that the Obergefell decision was "egregiously wrong."Mary Bonauto, one of the attorneys who represented Obergefell, told Axios that Davis is trying to "shoehorn an opportunity to relitigate" the case and that there's "good reason" for the high court to deny review.Go deeper: The rise of same-sex marriage, charted

Comments

World news